Case Information

*0 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 9/30/2015 2:21:58 PM CHRISTOPHER A. PRINE Clerk *1 ACCEPTED 01-14-00597-CR FIRST COURT OF APPEALS HOUSTON, TEXAS 9/30/2015 2:21:58 PM CHRISTOPHER PRINE CLERK

NO. 01-14-00597-CR

JODY WAYNE WHELCHEL § IN THE FIRST DISTRICT

VS. § COURT OF APPEALS

THE STATE OF TEXAS § HOUSTON, TEXAS

STATE’S SECOND MOTION FOR EXTENSION OF TIME

TO FILE THE STATE’S BRIEF

TO THE HONORABLE JUSTICES OF THE FIRST COURT OF APPEALS:

Pursuant to Texas Rule of Appellate Procedure 38.6(d), the State, by and

through its District Attorney, 268th Judicial District, Fort Bend County, asks this

Court to grant an extension of time to submit its appellate brief in the above-

referenced cause. The State’s appellate brief is being submitted with this motion.

Pursuant to Texas Rule of Appellate Procedure 10.5(b), the State provides the

following information:

Current Deadline: September 28, 2015

Length of Extension Sought: Two days to September 30, 2015, or until the

brief is filed

Number of Previous Extensions: One

Facts reasonably explaining the need for an extension:

In the last thirty days, the undersigned assistant district attorney completed the

State’s reply brief in State v. McGuire, No. 01-14-01023; and the State’s supplemental

answer in Thomas-Harris , Cause Nos. 13-DCR-064335 HC1 & 14-DCR-066576

HC1.

The undersigned also prepared a one-hour presentation and powerpoint for the

attorneys in her office on making a better record and attended the video presentation

of the 2015 Advanced Criminal Law Seminar.

The State’s appellate brief is submitted with this motion. The State asks for an

extension of time not for delay only, but to see that justice is done.

Respectfully submitted,

John F. Healey, Jr. SBOT # 09328300

District Attorney, 268th Judicial District

Fort Bend County, Texas

/s/ Gail Kikawa McConnell

Gail Kikawa McConnell

SBOT # 11395400

Assistant District Attorney

301 Jackson Street, Room 101

Fort Bend County, Texas 77469

(281) 238-3205 / (281) 238-3340 (fax)

Gail.McConnell@fortbendcountytx.gov

CERTIFICATE OF SERVICE

I hereby certify that a copy of the State's appellate brief was served by certified

mail, return receipt requested # 7013 0600 0002 2111 9991 on September 30, 2015,

on Ms. Dawn Zell Wright, Attorney for Appellant, 812 Barrett Street, Richmond,

Texas 77469.

/s/ Mattie Sanford

Mattie Sanford